Abstract
Controversy over Drag Queen Storytime (DQS) childhood literacy events in many Western liberal democracies between 2018 and 2020 occurred within a broader rise in reported ‘hate crime’, notable in the United States and in England and Wales. Outrage from conservative US Christian anti-LGBTQ hate groups and activists, and far-right groups, included online bias-motivated harassment, in-person bias-motivated harassment, and alleged assault and property damage. This article analyses news media and public discourse on hateful conduct against DQS events in the United States and related conduct in the UK and Australia. This hateful conduct draws on legacies of the criminalisation and pathologisation of same-sex attraction, and the framing of non-conforming gender identities as ‘deceptive’. The findings emphasise the recursive nature of bias-motivated hateful conduct based on medico-legal and pseudo-scientific stigmatisation of same-sex attraction and gender fluidity, and the amplificatory capacity of social media networks to engender hateful conduct. The article analyses the broader implications of hateful conduct given the limits of the criminal law in the United States (and other Western liberal democracies such as the UK and Australia) in addressing the translation of online hate speech into bias-motivated in-person hateful conduct. In the United States, these limits are often defined through the unqualified invocation of freedom of speech protections. The article applies ‘digiqueer’ criminology as a frame to consider the harms of bigotry against LGBTQ people amplified through digital media technologies and their intersection, particularly in the US, with Christian righteousness and right-wing ideology through a ‘hate feedback loop’.
Keywords
Introduction
Reporting of hate crime has increased in recent years in the USA 1 and in England and Wales. 2 This rise has occurred within a polarisation of politics that has encouraged the growth of partisan agendas online, 3 permissiveness by digital platforms of hateful conduct, 4 , 5 and various forms of misinformation. 6 Within the broader context of popular culture, drag performance through television programmes such as RuPaul's Drag Race have popularised drag beyond niche audiences. 7 It is within this legal, technological and socio-political context that social media feeds and public spaces such as libraries and bookstores have become sites of hateful conduct over Drag Queen Storytime (DQS) childhood literacy events in Western liberal democracies, including in the US, the UK, and Australia. It is also within this context that digital news consumers across 40 jurisdictions have cited domestic politicians as the single most frequently named source of misinformation, 8 and that violent domestic extremism has become an increasing concern in jurisdictions such as the US, 9 the UK, 10 and Australia. 11
DQS is an umbrella term for childhood literacy programmes that combine the promotion of reading and drag performance to create ‘…diverse, accessible, and cultural inclusive family programming where kids can express their authentic selves and become bright lights of change in their communities’. 12 DQS events originated in a Drag Queen Story Hour (DQSH) initiative in San Francisco in 2015, and which has since been established as a non-profit organisation with 40 US and sixteen international chapters. 13 Many uncontentious DQS events were held in the United States between 2015 and 2017. However, by late 2018, as the popularity and visibility of DQS grew, it had become a rapidly growing area of controversy. 14
Protest against DQS differs from other forms of censorship as its main target is not specific book titles nor specific speakers, but the method in which stories are presented to children; 15 drag queens reading to children rather than a range of other diverse presenters that collectively might represent a community. Negative reactions to DQS have included bias-motivated harassment and intimidation online, in-person harassment and intimidation, alleged assault at DQS events 16 and bias-motivated property damage. 17
Controversy over DQS has occurred within a generally divisive public discourse about gender, permissiveness of hateful speech online,18,19 and the glorification of violence on social media that reached its zenith with the US Capitol riot on 6 January 2021. 20 Conservative Christian and far-right counter-movements have allegedly sought to capitalise on the so-called ‘Trump effect’; 21 the notion that the divisive rhetoric used by Donald Trump during the 2016 US presidential campaign and his subsequent election, amplified through his use of social media, would embolden hate crime perpetrators, thereby contributing to more hate crimes. At the same time, researchers have established ‘… a general temporal and spatial association between online hate speech targeting race and religion and offline racially and religiously aggravated crimes independent of “trigger” events’, such as terror attacks, political votes and court cases. 22 That research shows the potential to renew our understanding of hate crime as a process rather than as discrete events, 23 through analysis of social media and its interrelationship with the perpetration of bias-motivated conduct offline.
The linking of protest against DQS with the social media organising of conservative Christian anti-LGBTQ 24 hate groups and activists, and far-right groups, 25 , 26 is central to protest over DQS. This protest can include online petitions and counter petitions, and the doxing of drag performers 27 – the disclosure of personal information without permission to a hostile online audience – as well as the doxing of transgender performers, parents who take their children to DQS events, and anti-DQS politicians. Far-right street fighting group known as The Proud Boys, 28 paramilitary militia the Three Percenters, 29 the National Socialist (Nazi) Movement, 30 and far-right media outlets such as Operation Cold Front 31 and InfoWars 32 have protested against DQS. This is in addition to organising against DQS events online by religious group MassResistance, 33 , 34 and Warriors for Christ, who have brought civil actions against DQS events. 35 , 36 The centrality of digital media technology to performative protest that might limit rights to certain LGBTQ groups is exemplified in the disruption of a DQS event in Texas in June 2019 at a branch of the Austin Public Library. A representative of InfoWars, a far-right conspiracy theory and fake news website, crashed the event and filmed it. The protestor demanded that the drag performer disclose their non-drag name, under the auspices of transparency if someone wanted to do a background check on the performer, and which the startled performer did disclose. The performers full name was subsequently posted with the video on InfoWars, generating hundreds of comments, many of which threatened violence and employed anti-LGBTQ hate speech. 37 This example also demonstrates an inverse interrelationship between offline and online amplification of bias-motivated conduct through the live streaming or filming of intimidatory behaviour at DQS events and its subsequent amplification through posting on social media. 38
Objections to representations of gender fluidity in reaction to DQS tap into debates over transgender identity and womanhood in the US, the UK, Australia and other Western liberal democracies. Critics of DQS, such as high-profile Ohio-based Christian blogger and ‘Activist Mommy’ Elizabeth Johnston, have equated being transgender with a ‘mental disorder’, and public school systems that teach students about LGBTQ contributions to U.S. history as ‘radical leftist indoctrination centers’. 39 In the UK, aspects of gender-based criticism of DQS have included firstly, that DQS is not curriculum relevant, particularly given that early-years students do not benefit from ‘… men with plastic tits and spangly dresses reading books’. 40 And secondly, that DQS performances ‘… underscore the idea that womanhood is a gaudy, sexualised costume’. 41
This article aims to identify the context and reasoning behind hateful conduct against the gender fluidity of DQS performance. In doing so, the article furthers research into ‘digiqueer’ criminology; 42 a combination of the critical sub-disciplines of digital and queer criminology. Digiqueer criminology analyses the ongoing integration of the social and the digital 43 to address the inequalities and discrimination faced by LGBTQ people in the criminal justice context. 44 This empirical analysis maps the relationship between digital media technologies, institutional legitimacy, and negotiations for LGBTQ rights, recognition and resources. In doing so, it interrogates the ongoing tensions between recursive ‘spoiled identity’ 45 framing of LGBTQ communities through medico-legal and pseudo-scientific stigmatisation of same-sex attraction and gender fluidity, and ‘sexual citizenship’ discourse on conduct, relationship and expression rights that has gained legitimacy in Western liberal democracies since the 1990s. 46
To do this, the article draws on a range of documentary methods and analytical tools to generate analyses that ‘… can help to overcome the disciplinary divide between the spatial analyses of legal geography and the insights into legal temporality developed by anthropologists and historiographers’. 47 , 48 One of those analytical tools is the concept of structural violence. As a concept, structural violence can move beyond the episodic and situational parameters of criminal law to an understanding of how large scale social and political-economic systems can perpetuate inequality embodied as differential risk for LGBTQ communities, and how this vulnerability might be expressed in patterns of morbidity and mortality. 49 , 50 Structural violence encompasses a spectrum of inequality through inequitable distribution of power ‘… present when human beings are being influenced so that their actual somatic and mental realizations are below their potential realizations’. 51 Structural inequalities are manifested in protest against DQS in the physical and psychological harm of direct violence through assault/and or intimidation as defined by criminal law, and harassment through anti-discrimination law, including doxing. The diversion of resources away from realising the potential of inclusion and diversity initiatives such as DQS speak to the harms of indirect violence, its largely intangible impacts, and the lack of accountability of its perpetrators. 52 The cancellation of DQS events due to the inability to secure the safety of the events based on online and in-person threats reflects this lack of accountability. 53 Other forms of indirect violence that channel away insight and resources from a particular group 54 in relation to DQS events can include additional costs to secure DQS events, and the invocation of the civil law by plaintiffs in jurisdictions where they have no legal standing. 55
In the next section of the article I situate objections to DQS within an anti-LGBTQ politics that has emerged from a broader politics of white grievance, sexual conservatism, sexual nationalism, and ‘homonormativity’ – the normalisation and assimilation of certain kinds of sexual orientation and gender identity into mainstream culture through domesticity and consumption. 56 I then define hateful conduct in the US, England and Wales, and Australia, and discuss the role that analysis of social media representations of hateful conduct can contribute to understanding of ‘hate crime’ as a process rather than discreet behavioural events. Next, I detail the interrelationship between sexuality, Christianity and nationalism, and the tension within Western liberal democracies between ‘homonationalist’ rhetoric that invokes LGBTQ rights-based inclusion as a basis for legitimate evaluations of national sovereignty, and the rise of domestic right-wing extremism that has tapped into protest over DQS. I then discuss criminal law interpretation of non-gender conforming bodies as ‘deceptive’, the recursive spoiled identity framing of same-sex attraction as deviant, and the perpetuation of these frames through hyper-partisan reactions to DQS events. Lastly, I outline the ongoing stricturing of LGBTQ conduct, relationship and expression rights through digital media technologies, justifying the necessity for ongoing research into ‘digiqueer’ criminology.
Anti-LGBTQ Politics and Homonormativity
Outrage against DQS reflects the episodic invocation of a ‘sexual emergency’. 57 Such ‘emergencies’ might include prejudice-based government policies and ‘… defensiveness, rage, and nostalgia among ordinary citizens who liked it better when their sexuality could be assumed to be general for the population as a whole’. 58 This protest reflects the tension between sexual citizenship as a method of achieving broader rights bearing inclusion for LGBTQ communities and the enhanced capacity to generate partisan outrage through digital media technologies. 59
Bias-motivated hateful conduct against DQS readers originates in a broader politics of white grievance and related theories of ‘white genocide’. 60 This grievance can be expressed through simplistic framing and language of ‘tactical speech’ that seeks to communicate directly and persuasively to a broader audience. 61 In the context of outrage and protest against DQS, this framing perpetuates representations of gender fluidity as deviant, and a threat to children. As Russell has noted, tactical speech can erase complexity and reinforce essentialist assumptions and dominant ideas about class and respectability. 62 At the same time, this speech excludes certain LGBTQ groups from what Duggan has called the ‘new homonormativity’ of sexual politics in neoliberal discourse. This discourse normalises and assimilates certain kinds of sexual orientation and gender identity into mainstream culture through domesticity and consumption. 63 For example, homonormative discourse in relation to protest against DQS can include toleration of homosexuality but can exclude the gender fluidity of drag performance; a person might not ‘…oppose diversity and gays’, but does ‘… object to having transsexual [sic] individuals telling stories to “impressionable young children” at a public library’. 64 This perspective can also intersect with ‘liberal’ economic arguments against expression of gender fluidity in publicly funded premises based on inaccurate claims about expenditure of public resources on DQS events. US First Amendment freedom of speech protections and the subsequent reluctance of digital platforms to regulate speech online, in part to protect digital platform non-publisher status, and therefore limit digital platform liability, 65 have arguably amplified tactical speech online, and in person.
The disruption of a DQS event in a Brisbane inner city library in January 2020 by members of the conservative University of Queensland Liberal National Club speaks to aspects of these elements of protest against DQS events. Protesters stated that they were defending values against a corrosive gender ideology supported by ratepayer funds. Police were called to the library after it was reported that the protesters were upsetting the children there for the DQS event, however security had moved the protesters on before police arrived. 66 Wilson Gavin, who was gay and campaigned against same-sex marriage in Australia, took his own life after a recording of the disruption of the DQS event went viral and which included Wilson at the front of the group shouting at one of the two hosts. 67 The video generated social media traffic on Twitter and Facebook with the hashtag #IStandWithQueens, while other footage from the event shows the protesters being confrontational with organisers. This incident shows the tensions and complexities of negotiating gender and sexual orientation diversity through sexual citizenship and ‘homonormative’ discourse, the distributive elements of this discourse, 68 the enhanced capacity to generate partisan outrage through digital media technologies, 69 and its potentially tragic consequences.
Domestic Extremism and Western Liberal ‘Homonationalism’
Bias-motivated reactions to DQS are caught up in a still broader, global context of the tension between the framing of Western liberal democracies as ‘tolerant’ and ‘civilized’ ‘homonationalist’ cultures, 70 , 71 and Christian and domestic hate and far right groups who might challenge these claims within those cultures. Protest against DQS in Western liberal democracies speaks to the deeper ‘…complexities of how “acceptance” and “tolerance” for gay and lesbian subjects have become a barometer by which the right to, and capacity for national sovereignty is evaluated’. 72 Complicating this binary, and concurrent with the advent of DQS and the political and technological context of the Trump presidency, is an increased threat of domestic extremism in many Western liberal democracies. For example, the greatest terrorism threat to US homeland security is now domestic extremists. 73 In 2020, MI5 stated that violent right-wing extremism was a major threat in the UK, and that the threat of far-right plots was only second to Islamic terrorism. 74 In Australia, 30–40% of counter-terrorism work conducted by the Australian Security Intelligence Organisation is now to combat right-wing extremism, up from approximately 10 and 15 per cent prior to 2016. 75 The starkest example of the intersection of hate rhetoric, right-wing extremism and the use of social media to amplify messages of hate and their translation into in-person violence is the Christchurch terrorist attack in New Zealand in March 2019. An Australian self-identified member of the alt-right movement attacked two mosques, murdering 51 people and attempting to murder a further 40, 76 and which he live-streamed through Facebook to share with his virtual community. 77
At the geopolitical level, Weber has argued that the absence of a global queer theory is symptomatic of the absence of queer perspectives within international relations theory. 78 Arguably, this absence represents an omission that does not recognise the contribution of queer theory to complex issues such as the intersection of sexuality, gender identity, procreation, religion, domestic extremism and digital media technologies manifested in-person and online protest against DQS events noted in this article, and which digiqueer criminology seeks to interrogate.
Defining Hateful Conduct
Hate crime can been defined as a spectrum of perpetrator conduct ‘…motivated, at least in part, by bias, prejudice, hatred or animosity towards the group affiliation of the victim. Secondly, is a victim who belongs, or is presumed to belong, to a group that is recognised as the object of prejudice or group hatred’. 79 Hate crime is generally directed towards a class of people, and as such, the individual victim is often not significant to the offender and may be a stranger to him or her. 80 The classification of an act as a hate crime covers a broad range of offences, across a diverse range of victim groups. In the US, a hate crime is defined by the FBI as a criminal offence with an added element of bias ‘… against a person or property motivated in whole or in part by an offender's bias against a race, religion, disability, sexual orientation, ethnicity, gender, or gender identity’. 81 Hate itself is not a crime in the US, and is protected under freedom of speech and other civil liberties. 82 First Amendment free speech protections in the United States are in tension, for example, with the Fourteenth Amendment's implicit promise of dignity and equality, 83 and demonstrate the limits of the criminal law in addressing hate speech online that might subsequently translate into further hateful conduct in person, and vice versa. Despite this, Williams et al have found ‘… a consistent positive association between Twitter hate speech targeting race and religion and offline racially and religiously aggravated offences in London’. 84 In addition, their study confirmed the association between events that acted as ‘triggers’, such as terror attacks, political votes and court cases, for online and offline hate acts. Furthermore, they found an association in the absence of ‘trigger’ events (emphasis added). 85 This finding speaks to the patterned nature of bias-motivated hateful conduct that requires analysis beyond individual incidents. It also speaks to the mutually constituted relationship between online and in-person hateful conduct against DQS events and the actualisation and amplification of latent, bias-motivated threats of direct and indirect violence through digital platforms.
In the UK, the Crown Prosecution Service uses hate crime to describe a range of criminal behaviour where the perpetrator is motivated by hostility or demonstrates hostility towards a victim's ‘protected characteristics’ of disability, race, religion, sexual orientation or transgender identity. 86 A hate crime in the UK can include verbal abuse, intimidation, threats, harassment, assault and bullying, as well as damage to property. The perpetrator can also be a friend, carer or acquaintance who exploits their relationship with the victim for financial gain or some other criminal purpose. 87
In Australian jurisdictions legislation can prohibit public acts of vilification, verbal abuse and hatred, on a range of grounds including race, religion, sexual orientation and gender identity. ‘Some statutes contain civil proscriptions and processes alone, whilst other Acts additionally establish criminal offences. The criminal proscriptions usually require an additional element — that the perpetrator has threatened, or has incited others to threaten physical harm to a person or their property’ 88 (i.e. they would be already covered under criminal codes). However, in NSW in 2018, a new offence was created of ‘…publicly threatening or inciting violence on the grounds of race, religion, sexual orientation, gender identity or intersex or HIV/AIDS status’, 89 and which speaks to the context in which violent reactions to DQS events have occurred.
Broader bias-motivated conduct in reaction to DQS events include forms of indirect violence such as threats to funding, increased oversight of decision-making on public events held at public libraries, postponement or cancellation of DQS events because of threats to public safety and/or the prohibitive cost of policing to ensure the safety of DQS events, and civil litigation. These broader strictures on LGBTQ expression emphasise the merit in applying ‘digiqueer’ criminology as a frame to evaluate the impact of digital media technologies on processes of enfranchisement and exclusion for LGBTQ communities and institutional legitimacy.
The Inter-Relationship between Sexuality, Christianity and Nationalism
Bjork-James argues that a common trait of nationalist groups is to claim victimhood while advocating the right to discriminate. She further argues that religious right Christian nationalists ‘… made a religious value of heterosexual privilege a political mandate to shape state policy by framing Christians as the rightful determiners of state policy’. 90 Bjork-James suggests that biased behaviour is a secondary effect of this moral order. 91 The rhetorical strategy of claiming victimhood while advocating the right to discriminate is reflected in protests against DQS that distress children through the disruption of such events, the intimidation of staff and drag queen presenters, and the need for an increased public and/or private security presence to safely host DQS events. 92 Underpinning this bias is a conflation of ‘Christian’ and ‘national’ concerns based on a notion of sexual purity that pairs individual morality and national strength. 93 Bjork-James thus concludes that there is a strong relationship between sexual politics and evangelical politics in jurisdictions where there is a strong and politically organised movement that believes in a national sexuality that is integral to maintaining the moral and reproductive rights of the nation. The decoupling of Christian sexual morality from the legal institutions of the state through LGBTQ rights is a new form of secularism inscribed in law that threatens the privilege of such groups. 94 At the same time, discriminatory politics can be rooted in a moral system and nationalist imaginary that defines others as outside the bounds of one's community. 95 Consequently, this ‘moral citizenship’ might accommodate bias manifested as violence. ‘Sincerity’ has become a common measure of such moral citizenship, particularly in the adjudication of religious freedom cases in the US ‘…where the sincerity of a religious subject is often measured in legal cases to determine whether or not they have experienced discrimination’. 96 Concurrently, the backlash against DQS reflects the amplificatory capacity and hazards of digital platforms in an era of hyper-partisanship fuelled by the diversification of media platforms and the polarisation of political rhetoric notable in the US, the UK and Australia.
The notion of an ‘androgynous mean’ borne of ‘… the sexual revolution's reconfiguring of the human ecosystem’ 97 is an additional aspect of the debate over gender identity and gender fluidity. This argument suggests that androgyny, and its instantiations of gender fluidity and gender ambiguity, operates ‘… as a mechanism for reconstructing the extended family/community in prosthetic form in a time when the actual Western extended family/community is in decline’. 98 Ostensibly harmless DQS childhood literacy programmes are alleged to conceal the primary objective of indoctrinating and recruiting children into the alleged aberrant drag lifestyle because drag queens cannot ‘reproduce’. 99 This argument frames the gender fluidity debate as a tension between traditional notions of family predicated on the procreative contract between married men and women and the tribalism of broader gender identity politics harnessed through digital media.
This apocalyptic vision of procreative decline conflates gender fluidity with a reproductive scarcity that endangers the enterprise of Western civilisation. This is despite access to in vitro fertilisation and the extension of adoption and marriage rights to same-sex attracted people in some Western liberal jurisdictions. Conservative Christian anti-LGBTQ hate group activism, and far-right anti-LGBTQ reactions to DQS in the US are tied up in deeper debates of white grievance interconnected with such notions of cultural primacy. Fringe spaces on the internet such as 4chan, 8chan and Reddit have been integral in accommodating this grievance and its translation into a growing wave of violent actions by white nationalists worldwide. 100 These actions are part of a victimisation narrative perpetrated by people of white ethnicity under the auspices of the ‘Great Replacement’ conspiracy theory. 101 This conspiracy theory, and related theories of ‘white genocide’, claim that the genetic and cultural heritage of white people, in the United States and other countries, is under threat by means of miscegenation and forced assimilation with non-White immigrants. 102
Co-option of DQS by religious and political conservatives as reflective of the degeneracy of conventional ‘liberalism’ is another aspect of protest against DQS. 103 Political debates about ‘liberalism’ and nationhood have been charged by an incivility deemed necessary by some conservatives to regain the political and moral ground allegedly lost by conservatives since the late 1960s, particularly in the United States. 104 The broader implication of claims from conservatives who reject the right to express divergent viewpoints is that they seemingly advocate a revision of freedom of expression norms based on ‘higher good’ rhetoric that excludes divergent viewpoints. 105 Conversely, drag queens reading to children in public libraries can be seen as reflective of the domestication of the ‘cultural left’, whose mainstream rights focus for LGBT people has for some time been the family-friendly focus of marriage and children, not sexual liberation. 106 This perspective speaks to the homonormalisation of marriage and procreation for same-sex attracted people through sexual citizenship discourse. The deeper political significance of conservative reactions to DQS in the US is its embodiment of the fracturing of the ‘fusionist’ coalition of the modern right, which had long united social conservatives, economic libertarians and foreign policy hawks. 107
‘Deceptive’ Bodies and Drag Queen Storytime as a Site of Hyper-Partisanship
Demonising rhetoric grounded in harmful pseudoscience that portrays LGBTQ people as threats to children, society and public health are central themes of anti-LGBTQ organising and ideology in opposition to LGBTQ rights, including the organising of anti-LGBTQ hate groups. 108 Goldberg has noted that the perceived risks of DQS to childhood meaning-making of identity are somewhat skewed in a political environment that has seen the rise of right-wing extremism in the US. 109 Protest to DQS from right-wing extremists who incite violence online and then may translate this violence into in-person bias-motivated hateful conduct, or vice versa, demonstrates that the legacy of legal and medical stigma of same-sex attraction and gender fluidity based on claims of their harmfulness to children are close to the surface. That this conduct might be carried out in public institutions such as libraries, in some instances by armed protestors, and to the visible distress of children, speaks to elements of Bjork-James’ argument about the exclusivity of moral citizenship that might go beyond religious affiliation. The ease with which these sentiments can be amplified through social media speak to Williams et al's identification of a more general pattern of correlation between online hate speech targeting race and religion and offline racially and religiously aggravated crimes independent of ‘trigger’ events. 110 As noted above, broader justifications of hateful conduct against drag queens reading to children in public spaces are predicated on the age inappropriateness of ‘adult’ drag queen performers reading to children, and the use of public resources to cater to the ‘corruption’ of childhood innocence. 111
To varying degrees, and dependant on jurisdiction, the themes discussed in this article emphasise the recursive conflation of gender fluidity, same-sex attraction and transgender identity with deviance to justify hateful conduct. Negative reactions to DQS reflect the intersection of expression rights that recognise LGBTQ inclusion and diversity through sexual citizenship discourse and moral objections to expression of these rights based on arguments of sexual purity that eschew gender fluidity. Underscoring hyper-partisan political debate over DQS are objections to gender fluidity that originate in the legal preoccupation with categorising bodies as procreative binaries rather than, as Brooks and Thompson have argued, reaching a judgement as to the ethical balance, for example, in determining consent in cases that involve gender fluidity. 112 This categorisation through the criminal law might perpetuate stigmatisation of gender fluidity through the framing of gender fluid bodies as ‘deceptive’, ‘gender deviant’, or bodies to be ‘feared’. 113 Some DQS protestors extrapolate the ‘deceptive’ framing of gender fluidity of drag performance to paedophilia, a label which perpetuates the legacy of same-sex attraction and gender fluidity as deviant. 114
Claims of religious, moral and cultural superiority in the face of the failure of religious institutions to protect children against institutional child sex abuse speak to the durability of faith-based tactical speech 115 , 116 that can perpetuate systemic harms against vulnerable populations. The doxing of a drag performer in Austin Texas noted above, 117 taps into the notion of gender fluidity as deceptive. At the same time, the use of doxing against transgender performers, parents who take their children to DQS events, and anti-DQS politicians, speaks to the pernicious and pervasive nature of doxing as a structured, technological harm, and a hate tactic across the political spectrum.
Structural Violence, Social media and the Hate Feedback Loop
The ongoing importance of recognition for LGBTQ rights is grounded in the failure of criminal justice institutions to invoke the criminal law in Western liberal democracies in the second half of the 20th century in response to claims of discrimination by minority groups. 118 This included extreme violence against groups such as African Americans, Roma and gays and lesbians. This failure perpetuated the criminalisation, pathologisation and stigmatisation of LGBTQ communities and others, and which engendered the hate crime movement that invoked identity politics as an organising strategy. 119 At the same time, the establishment of a legitimate media frame for LGBTQ sexual citizenship discourse in Western liberal democracies through the identity politics movement has developed a reasonable capacity for some of those communities to resist ongoing and new forms of marginalisation through social and political organising. However, the ongoing necessity to resource campaigns to secure basic relationship rights for communities whose political status cannot be taken for granted, such as LGBTQ communities, and for freedom from state interference in jurisdictions where same-sex conduct is still criminalised and pathologized, further exemplifies the channelling away of resources from such communities. This is in contrast to rights bearing citizens who do not need to secure or defend such basic rights through political campaigning.
Conversely, Russell has argued that knowledgeable and mobilised queer movements ‘… that elicit formal apologies have been more successful [than anti-hate crime activism] in drawing attention to systemic harms perpetrated by powerful institutions of law, medicine and policing…’ (emphasis in original). 120 She notes the shortcomings of hate crime campaigns that ‘… may redirect public attention away from structural patterns of social marginalisation that cannot be effectively framed in individual terms’. 121 Russell emphasises the need to recognise the ways in which police power, for example, may have been reworked, but not reduced. 122 The shifting contours of sexual citizenship through ‘… LGBT rights campaigns have challenged, altered, and buttressed systems of policing and law’, 123 and continue to do so through the aspects of ‘digiqueer’ criminology explored herein.
Keck has argued, however, that despite the backlash to courtroom victories for LGBT rights provoking conservative counter-mobilisation, that such victories through legal mobilisation have sometimes been a promising avenue for pursuing policy changes whose prospects were otherwise quite limited. 124 As noted above, while DQS has become a focus for Christian conservatives, Christian anti-LGBTQ hate groups, and far-right groups, and the backlash has included direct and indirect violence, the longer-term outcomes vary by jurisdiction but do demonstrate resilience and normalisation of DQS events through the continued staging of such events. At the same time, majority group claims of victim status through the invocation of rhetorical and recursive tactical speech based on spoiled frames of LGBTQ identity 125 emphasise the limitations of identity politics as a political organising strategy, and the limitations of prioritising violence as a frame through which to seek redress.
The translation of threats online to threats in person, and vice versa, and the translation of discriminatory beliefs into discriminatory policy in a ‘feedback loop’, 126 speak to the interrelationship between direct and indirect violence and the perpetuation of structural violence against LGBTQ people through digital media technologies, in-person, and through civil litigation. This can generate a ‘hate feedback loop’ through networked protest and the amplification of that protest through social media and its subsequent oscillation between mainstream media and social media, and in-person protest. 127 This feedback loop speaks to Williams et al's identification of a more general pattern of correlation between online hate speech targeting race and religion and offline racially and religiously aggravated crimes independent of ‘trigger’ events. 128 A political climate of permissiveness of hateful conduct and a media culture of permissiveness of hateful conduct up until mid 2020, 129 , 130 are arguably forms of structural violence that have manifested in actual violence. This integration of the social and the digital speaks to the limits of the criminal law in checking hateful speech in the US due to the unqualified invocation of First Amendment speech protections that do not consider the implicit promise of dignity and equality in the Fourteenth Amendment. 131 However, and while acknowledging that some digital platforms have made their polices on hateful conduct more explicit, 132 the digital platforms that have the largest reach in English are US-owned, and therefore consider their broad policy parameters on hateful conduct with US freedom of speech protections and their non-publisher status in mind. 133
The range of criminal, civil and distributive protest against DQS noted in this article is a continuation of the ‘stricturing’ nature of structural violence through digital media technologies that allow for inter-jurisdictional networked protest, and which represents the reinterpretation and application of structural violence over time. 134 Despite the decriminalisation of same-sex conduct in recent decades in the US, the UK and Australia, and the progression of marriage equality in many Western liberal democracies including the US, the UK and Australia, the structural legacies of the criminalisation of same-sex conduct are still inflicting their harm in these, and many other jurisdictions. Sixty-eight United Nations (UN) member states have laws that explicitly criminalise consensual same-sex sexual acts. 135 At the same time, 32 UN member states have introduced or interpreted provisions to restrict the freedom of expression in relation to sexual orientation and gender identity issues. In terms of future areas of focus for digiqueer criminology, these provisions include laws and regulations that prohibit media or web content as well as propaganda laws that prohibit the promotion of ‘homosexuality’ or ‘non-traditional’ sexual relations. Forty-one UN member states have laws that restrict the possibilities of registering or running NGOs that work on sexual orientation issues. 136
‘Sexual orientation, gender identity or gender expression change efforts’ (SOGIECE) (otherwise known as ‘conversion therapy’ or ‘ex-gay therapy’) might still include interventions such as ‘electroshock aversion therapy’, ‘chemical aversion therapy’, ‘internment in clinics or camps’ and ‘exorcism and spiritual/miracle cures’. 137 This catalogue of legal, medical and moral proscription is in spite of the progress made in some jurisdictions to expunge historical same-sex offences, enact marriage equality and legislate against conversion therapies. 138 Overall, this data emphasises the variability in, and political expediency of rights enfranchisement in communities whose political status cannot be taken for granted. 139 The medico-legal and pseudo-scientific pathologisation and criminalisation of same-sex attraction and gender fluidity noted in this article, and its amplification through the mutually constituted relationship between online and offline networks, speaks to the utility of digiqueer criminology as a frame to analyse the range of harms perpetrated against LGBTQ communities, and how they are legitimised in public discourse.
Conclusion
Increased reporting of ‘hate crime’ in recent years in the United States and England and Wales has occurred within a polarised political discourse that has encouraged the growth of partisan agendas online, permissiveness by digital platforms of hateful conduct, and various forms of misinformation. At the same time, drag performance has become a much more visible and mainstream cultural phenomena. The interplay between online bias-motivated hateful conduct and its translation into in-person bias-motivated conduct, and vice versa, speaks to the mutually constituted nature of online and offline hate. The patterned nature of this conduct shows the limitations of the criminal law in addressing such conduct as discreet incidents. Discriminatory beliefs can translate into discriminatory policy, perpetuating direct and indirect violence against LGBTQ communities and episodic amplification of the ‘hate feedback loop’. Protest against DQS shows that recursive spoiled identity framing of gender fluidity, and to a lesser extent same-sex attraction as deviant, is close to the surface and easily activated and amplified through coordinated online and in-person protest. These frames originate in the criminalisation and pathologisation of same-sex attraction and gender fluidity, and demonstrate the ongoing harms of stigmatisation against LGBTQ communities. These discriminatory beliefs are grounded in Christian righteousness that has made a religious value of heterosexual privilege, and a political mandate to shape state policy by framing Christians as the rightful determiners of state policy. This righteousness can be co-opted by Christian conservative politicians and commentators, and used by Christian anti-LGBTQ hate groups and far-right groups to justify the perpetuation of direct and indirect violence against LGBTQ communities. For some conservative Christians and right wing groups, ‘sexual purity’ is intrinsic to the pairing of individual morality and national strength; a national sexuality that is integral to maintaining the moral and reproductive rights of a nation. Underscoring outrage against DQS are fears of a movement towards an ‘androgynous mean’ that eschews notions of sexual purity, the co-option of DQS by political conservatives as reflective of the degeneracy of conventional ‘liberalism’, and the deployment of tactics based on ‘higher good’ rhetoric. This rhetoric challenges the principles of freedom of speech and the acknowledgement of divergent viewpoints considered essential to Western liberal plural democracy. The politicisation of DQS and the amplification of bias-motivated conduct through digital media technologies represents the reinterpretation and application of structural violence over time. That these harms are perpetuated in jurisdictions such as the US, the UK and Australia, where same-sex marriage is lawful, and conduct rights have been expanded over decades for LGBTQ people, shows the necessity for ongoing research into ‘digiqueer’ criminology. The resilience of DQS in the face of the spectrum of harms the integration of the social and the digital represent to LGBTQ communities speaks to the resilience of those communities through social and political organising, and the necessity to remain vigilant.
Footnotes
Declaration of Conflicting Interests
The author(s) declared no potential conflicts of interest with respect to the research, authorship, and/or publication of this article.
Funding
The author(s) received no financial support for the research, authorship, and/or publication of this article.
